Close. The Fair Labor Standards Act (FLSA) is a federal labor law out of which all the other state and city laws branch out. Consequently, employers must pay particular attention as year-end approaches to ensure that those positions they intend to keep exempt, remain exempt. In addition, the law restricts employers from accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision-making. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions remain regarding employers’ obligations under the law. Equal Employment Opportunity Commission, local human rights commissions, or any other form of law enforcement. “I have found the articles in Lexology/Newsstand to be closely related to the topics I am interested in. Moreover, employers must display in a conspicuous location a copy of the STLL and a poster in English, Spanish and any other language deemed appropriate by the County (this posting has yet to be published). The term “applicant” expressly includes part-time, seasonal and temporary workers. These rates remain in effect until December 30, 2020. For example, employers should review their materials and remove any questions that expressly or impliedly “require” applicants and current employees to reveal prior compensation information. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices accordingly. 1396-A, that would fundamentally alter the employer-employee relationship for fast food employers in New York City.These two bills will now move to the full City Council for a vote scheduled for Thursday, December 17, 2020. There are several exceptions, discussed further below, where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted. Potential remedies also include injunctive relief and attorneys’ fees. This legislation goes into effect on January 6, 2020. They’re easy to understand and I appreciate that they are only as long as necessary to cover the essentials. If you … Search . Marijuana Testing in Employment As of May 10, 2020, covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. NYC Bans Pre-Employment Marijuana Testing As of May 10, 2020, New York City employers will be prohibited from conducting pre-employment drug testing for THC, the active ingredient in marijuana. The law provides that employees can accrue sick leave time based on hours worked. Aaron Warshaw New York Author On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. Terminating workers under these exceptions could afford employees the right to take legal action. Beginning January 6, 2020, New York employers will be prohibited from inquiring into an applicant’s salary history during the hiring process or from current employees. This legislation goes into effect on January 6, 2020. To prepare for compliance with the new law, employers should work with their drug screening vendors to ensure that they do not screen for cannabis. Skip to content . 2020 New York Employment Law Update - New York Updates Wage and Hour, Discrimination and Salary History Employment Laws Matthew Damm , Daniel McCoy Fenwick & West LLP New York City first adopted a local paid sick leave law … Having passed or enacted many employment lawsin 2019, some wonder whether the state will eventually surpass California as the nation’s leader in that department. Effective January 7, 2020, New York employers are now prohibited from discriminating or retaliating against employees (or employees’ dependents) based on reproductive health decision-making. The New York State minimum wage increased on December 31, 2019. Under the New York state law, individuals have a private right of action for compensatory damages sustained as a result of a refusal to hire or retaliation based on failure to provide wage or salary information. Today’s Long Island employment law blog discusses the provisions of this new law. We can be contacted at our office in Manhattan at (212) 227-7070, at our office in Garden City at (516) 880-8170, or via our form online to set up a meeting. In … Effective January 6, 2020, employers in New York State will be prohibited from relying on the wage or salary history of an applicant in determining whether to make an … If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. From car seats to natural hair, here are some of the changes going into effect in the new year. New York State and New York City Minimum Wage Increases. Meal Period Guidelines - Section 162 of the New York State Labor Law Some exceptions to the law include certain: Additionally, the law will not bind employers who are a party to a collective bargaining agreement that "specifically addresses" the drug testing of applicants, but only as to those employees. Likewise, effective February 8, 2020, the New York State Human Rights Law will be expanded to include all employers in the state, regardless of size. The law may be read as limiting the prohibition to inquiring about current employee’s. However, employers in New York City are reminded of their obligation under NYC law to engage in a cooperative dialogue with disabled individuals who may be in need of reasonable accommodation, which may include certified users of medical cannabis. Please contact customerservices@lexology.com. A searchable directory of the comprehensive jurisdictional and local coverage XpertHR offers to help employers ensure they are compliant with US employment laws. For current employees applying for new positions within the same company, the employer may consider information within its possession regarding compensation history with that employer, but cannot ask about compensation from prior employers. Labor Law. New York-based firms could breathe a sigh of relief on New Year’s Day when Governor Andrew Cuomo vetoed the Securing Wages Earned Against Theft Act (SWEAT), which would have given employees the ability to place liens on their firm’s assets with respect to “wages” allegedly due to the employees. USA - New York: Employment & Labour Laws and Regulations 2020. New York State also saw an increase on December 31, 2019, which brought the minimum wage for … 2020 has, of course, been dramatically different. Enter Search Terms. Click to read more. New York City passes key amendments to paid safe and sick leave law By Mark S. Goldstein and Leora Grushka on 19 October 2020 Posted in Employment & Labor (U.S.), New York Employment Beat, Sick leave, Wage and Hour, Workplace Laws and Regulations. While cannabis use remains illegal under federal law, and is only permitted for medical use in New York and in many other states, an increasing number of states have legalized cannabis use for off-duty recreational purposes. While certain of those legal requirements became effective in 2019, employers should be aware of the following new requirements, and their corresponding effective dates: Non-disclosure agreements (NDA) entered into as part of employment contracts on or after January 1, 2020 must include an explicit carve-out allowing the employee or potential employee entering into the NDA to speak with “law enforcement, the Equal Employment Opportunity Commission, the state Division of Human Rights, a local commission on human rights, or an attorney retained by the employee or potential employee.”. Through claims such as this, employees may be able to obtain compensation such as back and front pay, reimbursement of attorney fees, punitive damages and reasonable accommodations. Employment Law Handbook has free detailed information for all categories. In the absence of such language, NDAs will be void and unenforceable to the extent they prevent disclosure of factual information related to any future claims of discrimination. New York City amended its Human Rights Law (NYCHRL) to prohibit inquiries into applicants’ salary histories during the hiring process. The pertinent points are as follows: $13 per hour for Westchester, Nassau and Suffolk County employers, $11.80 for employers in the remainder of New York State, $1,125.00 per week ($58,500 annually) for New York City employers, $975.00 per week ($50,700 annually) for Westchester, Nassau and Suffolk County employers, $885.00 per week ($48,750 annually) for employers in the remainder of New York State. Additional information can be found here. The seasoned New York employment discrimination attorneys of Gerstman Schwartz LLP are adept at helping employees pursue justice via civil lawsuits, and if you retain our services, we will work diligently to help you seek a fair outcome. Most of the new employment laws are are effective on January 1, 2020. In my prior post I wrote about a few of the new laws (click here to view), but now that the legislative year is closed, I wanted to cover five additional key employment laws that California employers need to understand and be aware of going into 2020: If you have questions, please review our minimum wage information page. Anniken Davenport. In the remainder of the state, it is $11.80 per hour. We omit certain details. Under the STLL, starting on or before January 28, 2020, all employers must provide employees a copy of the STLL (here) and a written notice of the law (here). As of December 31, 2019, the minimum wage for most employers in New York state shall be: As of December 31, 2019, the minimum wage for employees of “fast food establishments” working for a chain with 30 or more establishments shall be: We discuss New York fast food minimum wage laws in greater detail here and here. On April 3, 2020, Governor Cuomo signed into law New York’s Paid Sick Leave law. Enter your email address to instantly generate a … The New York City Commission on Human Rights, the agency charged with enforcement of the NYCHRL, has the authority to impose up to $250,000 in sanctions for intentional violations of the law. PRINT TO PDF . That opens the door for cities to create their own rates, and Denver is already considering a minimum wage increase. URGENT: Mandatory Coronavirus Paid Leave Poster (FFCRA) As of April 1 2020, all employers in the United States with less than 500 employees MUST display or digitally distribute a Families First Coronavirus Response Act paid leave poster.. Twenty-one states increased their minimum wage rates on January 1, with four more plus the District of Columbia bumping rates up later in 2020. The law provides guaranteed paid sick leave to many of New York’s workers. The legislation expands the scope of the NYCHRL’s prohibitions on making pre-employment inquiries, which already preclude employers from seeking information about applicants’ criminal conviction, credit, and salary histories. November 18, 2019. We emphasize that this law applies solely to pre-employment testing of applicants, as it makes no reference to current employees. As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. 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